Digital Commons Network^™

Legal Education In China Today, R. St. J. Macdonald

Dalhousie Law Journal

Two developmerits in China since the end of the Cultural Revolution in 1976 are of particular interest to the legal profession in Canada: the revival of legal education and the reform of the legal system. Legal education in China today has entered its most exciting period since the founding of the People's Republic in 1949. During the academic year 1980-81, China's four institutes of political science and law, and law faculties at eight universities and colleges, enrolled over 2,000 new students in four more law institutes and faculties than in 1965, the year before the Cultural Revolution. The present enrollment …

Le Centenaire De La Facult De Droit De I'Universit De Montréal, Louise Thisdale

Dalhousie Law Journal

L'annee 1978 marquait le centi~me anniversaire de la fondation de la facult6 de droit de l'Universit6 de Montreal. Pour plus d'exactitude, il faudrait preciser qu'il s'agit plutet du centenaire de la faculte de droit seulement puisqu'en 1878, l'Universite de Montreal n'existait pas encore; ' cette epoque elle fut inaugurée comme Succursale de l'Universite Laval 'a Montreal. Et ce n'est qu'en 1920 qu'elle fut constituee en corporation sous le nom d'Universite de Montreal.

Universitd De Moncton's Common Law School: A Unique Experience, Pierre Patenaude

Dalhousie Law Journal

At their founding, the nine predominantly anglophone provinces of Canada adopted the English legal system patterning their legal institutions upon those of Britain and accepting English public and private law as it then existed. Quebec, on the other hand, modelled its legal system on that of France and most of the private law of Quebec is of French origin. As a result of this historical divergence, French language legal education in Canada, which has hitherto existed only in Quebec, has trained civilian lawyers who are unable to practise in other Canadian provinces. The result of the situation has been that …

The Standard Of Disclosure By Physicians To Patients: Competeing Models Of Informed Consent, Patrick D. Halligan

Louisiana Law Review

No abstract provided.

Gifts And Promises. By John P. Dawson. New Haven: Yale University Press. 1980. Pp. Ix And 240., Shael Herman

Louisiana Law Review

No abstract provided.

Wage Discrimination And Job Segregation: The Survival Of A Theory, Ruth G. Blumrosen

University of Michigan Journal of Law Reform

My earlier article in this journal, Wage Discrimination, Job Segregation, and Title VII of the Civil Rights Act of 1964, advanced the theory that the same discriminatory factors which lead to job segregation are also likely to be responsible for wage differentials between segregated jobs. The discriminatorily depressed wage rate of the segregated job is therefore one of the "adverse effects" under Griggs v. Duke Power Co. of job segregation. In order to establish a prima facie case of wage discrimination in a Title VII action, plaintiffs must show the fact of job segregation - that the jobs were …

Right-To-Work Laws In The Southern States, Thomas R. Haggard

North Carolina Law Review

No abstract provided.

In The Valley Of The Blind: A Primer On Jury Selection In A Criminal Case, Herald P. Fahringer

Law and Contemporary Problems

No abstract provided.

Martin Luther King Junior Elementary School Children V. Michigan Board Of Education: Extension Of Eeoa Protection To Black-English-Speaking Students

William & Mary Law Review

No abstract provided.

Police Power, Takings, And Due Process, William B. Stoebuck

Washington and Lee Law Review

No abstract provided.

The Evolution Of The International Monetary Fund, Frank A. Southard Jr.

North Carolina Journal of International Law

No abstract provided.

Arbitration Under The Canada Labour Code: A Neglected Policy And An Incomplete Legislative Framework, James E. Dorsey

Dalhousie Law Journal

Arbitration under the Canada Labour Code' is an elusive subject. There is not independent text on law in the federal jurisdiction, where grievance arbitration is a neglected policy operating within an imcomplete legislative framework. The lack of prominence of a federal body of arbitral law and practice is readily exemplified by the fact that the federal law influence is frequently ignored or overlooked. A pertinent example is a 1976 case involving British Columbia Telephone Company and the Federation of Telephone Workers of British Columbia in which an arbitration board of three prominent members of the bar proceeded pursuant to the …

Clean Air Act Proceedings Affecting National Coal Markets: An Examination Of The Authority Of The President To Allocate Markets, James M. Friedman

West Virginia Law Review

No abstract provided.

Section 17(A) Of The '33 Act: Defining The Scope Of Antifraud Protection

Washington and Lee Law Review

No abstract provided.

United States V. Naftalin

Washington and Lee Law Review

No abstract provided.

Implied Private Rights Of Action Under Section 17(A)

Washington and Lee Law Review

No abstract provided.

Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish

Michigan Law Review

Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …

April 7, 1980, University Of Michigan Law School

Res Gestae

•Campbell Comp draws overflow crowd •"Doc" Jaeger- Mr. Contracts- Here Friday •Machle's Musings •News and Notices •Law School Fund •Nights Managed, Cheap •American Indian Law Day •Under New Mgt. •Honors Convocation •Law Club Rooms •Poppea •E.J.F. •Buttnose •Mini- Marathon V •M.S.A. •Docket •Classifieds

Thomas Hobbes And The Law, J. H. Hexter

Cornell Law Review

No abstract provided.

Damages Actions For Denial Of Equal Educational Opportunities, Milton B. Garber

Missouri Law Review

No abstract provided.

Ineffective Assistance Of Counsel: The Lingering Debate, Philip H. Newman

Cornell Law Review

No abstract provided.

The Works Of Reed Dickerson: A Bibliography, Colleen K. Pauwels

Indiana Law Journal

The Board of Editors dedicates this issue to Professor of Law F. Reed Dickerson upon the occasion of his retirement, in recognition of his outstanding contribution to the study of law

Unmasking The Test For Design Defect: From Negligence [To Warranty] To Strict Liability To Negligence, Sheila L. Birnbaum

Vanderbilt Law Review

This Article will consider the problems engendered by imprecise judicial analysis of the notion of design defect. The central issues informing this investigation are as follows: (1) Can the notion of manufacturer fault or negligence be rationally eliminated in a design defect case? and (2) Should the term "unreasonably dangerous" be retained in the definition of defect in a design case, and if so, how should it be defined?

March 24, 1980, University Of Michigan Law School

Res Gestae

•Ellman & Beggs to Lead '80-'81 L.S.S.S. •Lawyers Club Rate Committee Finished for Another Year •Letters: LS…S, Campbell Competition, freedom of the (?) Press, and campaign dirty tricks •1980-81 Journal and Review Writing Competition rules •News & Notices •Nights Managed Cheap •New Officers time •Machle's back •Registration info •Docket

Emerging Computer-Assisted Legal Analysis Systems, Mark Morrise

BYU Law Review

No abstract provided.

Valley Bank & Trust Company V. Helen Chlepa : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Judgment of the Third Judicial District Court for Salt Lake County Honorable Dean E. Conder, Judge

Burden Of Proof In Criminal Cases: A Comment On The Mullaney-Patterson Doctrine, Fernand N. Dutile

Notre Dame Law Review

No abstract provided.

Standards Of Willfulness Under The Fair Labor Standards Act, Michigan Law Review

Michigan Law Review

The statutes of limitations facing plaintiffs who bring actions under the Fair Labor Standards Act [FLSA] vary, depending upon the willfulness of the violation. The Act establishes two limitations: three years for willful violations, and two years for nonwillful violations. It does not, however, define willfulness, and federal courts have interpreted the concept in two very different ways. Under the more prevalent rule, the test is: "Did the employer know the FLSA was in the picture?" But other courts have been more guarded, reserving the longer limitations period for "violations which are intentional, knowing or voluntary as distinguished from accidental." …

The Burden Of Proof In Criminal Cases: A Comment On The Mullaney-Patterson Doctrine, Fernand N. Dutile

Journal Articles

The United States Supreme Court's recent ventures into the constitutional requirements concerning the burden of proof in criminal cases justify consideration of their prescriptions, of their consistency and of the constitutional limits of burden-shifting.

Mullaney and Patterson mark not the end of the inquiry but rather its beginning. Although they undoubtedly resolve, whether well or badly, a large number of burden of proof situations, those resolved may be the easier and the more obvious, not the more difficult and the more subtle. In any event, however, these two landmark cases will at least have alerted us to the complex problems …

Righting Constitutional Wrongs: The Development Of A Constitutionally Implied Cause Of Action For Damages, Marilyn Sydeski

Duquesne Law Review

Until the Supreme Court's 1971 decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the cause of action for damages in a case arising directly under the Constitution had not been explicitly recognized. The author examines the Bivens decision and charts the extension of the Bivens remedy to other constitutional violations. She concludes that although it is still not completely clear when the damages remedy may be invoked, recent decisions provide assistance to courts confronted with damages claims arising under the constitution.